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SOUTHERN FARM BUREAU CAS. INS. CO. v. ALLSTATE INS.

April 16, 1957

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, PLAINTIFF,
v.
ALLSTATE INSURANCE COMPANY, BILLY GRAHAM, A MINOR, M.J. GRAHAM, JACK SHIPLEY, RICHARD HAMMOND, AND W.V. HAMMOND, DEFENDANTS.



The opinion of the court was delivered by: John E. Miller, District Judge.

Statement

This case was tried to the Court without a jury on March 29, 1957, and at the conclusion of the trial the Court took the case under advisement pending receipt of briefs from the parties. The briefs have been received and now the Court, having considered the pleadings, ore tenus testimony of the witnesses, exhibits, and briefs of the parties makes and files herein its Findings of Fact and Conclusions of Law, separately stated.

Findings of Fact

1.

The plaintiff is a Mississippi corporation. The defendant, Allstate Insurance Company, is a corporation organized and existing under the laws of a state other than Mississippi. The remaining defendants are each citizens and residents of Crawford County, Arkansas. The amount involved, exclusive of interest and costs, exceeds the sum of $3,000.

2.

The defendant, Richard Hammond, is the son of the defendant, W.V. Hammond. The defendant, Jack Shipley, is the son-in-law of W.V. Hammond and a brother-in-law of Richard Hammond.

In 1953 the defendant, Richard Hammond, owned a 1950 Oldsmobile. Subsequently Richard Hammond entered the armed forces, and the 1950 Oldsmobile was traded in on a 1950 Chevrolet pickup truck, which was purchased in the name of W.V. Hammond and was owned by him.

Later Richard Hammond was discharged from the service and returned to his home in Mountainburg, Arkansas. On December 20, 1955, the said defendants, W.V. and Richard Hammond, purchased as co-owners a new 1956 Oldsmobile from the De Witt Oldsmobile Company in Fort Smith, Arkansas. The 1950 Chevrolet pickup truck, owned by W.V. Hammond, was traded in on the new Oldsmobile, a credit of $650 being allowed therefor. In addition to the trade-in, $250 was paid in cash, of which amount W.V. Hammond paid $100 and Richard Hammond paid $150. The new Oldsmobile was purchased under a conditional sales contract. Richard A. Hammond signed as purchaser and W.V. Hammond signed as co-purchaser. The invoice of the De Witt Oldsmobile Company shows that the automobile was sold to "Richard A. or W.V. Hammond".

On the same day, December 20, 1955, W.V. Hammond took all of his automobile papers to the Farm Bureau Office in Van Buren, Arkansas. He showed these papers to Miss Mae Spoon who was working in the Farm Bureau Office. He advised her that his son, Richard Hammond, owned an interest in the automobile. The policy in question, No. A257077, was issued by the plaintiff, Southern Farm Bureau Casualty Insurance Company, to W.V. Hammond as named insured, said policy covering the 1956 Oldsmobile.

3.

Richard Hammond remained in Mountainburg, Arkansas, for a short time after the purchase of the new Oldsmobile. Then, in January 1956, Richard Hammond went to Texas to work, taking with him the new Oldsmobile. He worked in Texas until August 1956 and kept the Oldsmobile with him most of that time. While in Texas, Richard Hammond registered the Oldsmobile in his own name and a Texas certificate of title was issued to him. In August 1956 he returned to Mountainburg, Arkansas.

4.

In the spring of 1956 plaintiff sent a notice to W.V. Hammond that an additional premium of $8.50 would be required "primarily because of the fact that there ...


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